saulo makungu and 18 others vs busirime village council and 2 others 2021 tzhc 7196 15 november 2021

saulo makungu and 18 others vs busirime village council and 2 others 2021 tzhc 7196 15 november 2021

Applicants demonstrated willingness to be represented and established common interest in the intended suit regarding land rights, satisfying the requirements of Order I Rule 8(1) CPC. Leave is granted for Saulo Makungu to represent the other applicants.

Citation
saulo makungu and 18 others vs busirime village council and 2 others 2021 tzhc 7196 15 november 2021
Parties
Applicants: Saulo Makungu and 18 Others; 1st Respondent: Busirime Village Council; 2nd Respondent: Butiama District Executive Director; 3rd Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 November 2021
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Leave to File Representative Suit
Outcome
Application allowed
Legal Topics
Representative Suits, Leave to Sue, Common Interest Requirement
Source Language
English
Civil Procedure Representative Suits Leave to Sue Common Interest Requirement

Case Brief

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Parties

Saulo Makungu and 18 Others

Applicants

Busirime Village Council

1st Respondent

Butiama District Executive Director

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to File Representative Suit

Legal Issues

  1. 1 Whether the applicants have established grounds for leave to file a representative suit under Order I Rule 8(1) CPC
  2. 2 Whether the applicants have demonstrated common interest in the intended suit

Ratio Decidendi

Applicants demonstrated willingness to be represented and established common interest in the intended suit regarding land rights, satisfying the requirements of Order I Rule 8(1) CPC. Leave is granted for Saulo Makungu to represent the other applicants.

Court Disposition

Application allowed

Orders

  • Saulo Makungu appointed to represent the other 18 applicants in the intended suit
  • Notice of institution of the intended suit must be given to all plaintiffs by personal service or public advertisement